After a local
flood, fire, or other disaster, an obscure legal responsibility slips out of
the fine print to surprise and confound municipal officials: the duty to assess
for Substantial Damage (SD).

In 2011, three
major flood events affected most of Vermont, and the capacity of municipal
Administrative Officers (AO) to conduct SD assessments was an open question.
Recently, the Vermont Rivers Program issued updated model hazard area
regulations for towns to consider. This update made the SD responsibilities
more visible, and subsequently the program has created a default Substantial
Improvement and Substantial Damage Procedure, and a spreadsheet to share with
people anxious to begin repairs.

The intent of the
SI SD Procedure is to provide a specific process for AOs to follow during a
time of considerable chaos. The simplified procedure links to additional
official information in FEMA 480 and FEMA 213. It also accounts for the
calculation of cumulative Substantial Improvement.

In the immediate
aftermath of a disaster, the determination of Substantial Damage may be
important not only as a threshold to compel safer construction, but also needed
for the release of Increased Cost of Compliance, or Hazard Mitigation Grant
funds. After the Flood, in the mud and dust when the permitting process is
nearly overwhelmed by the demands of recovery, the community needs a clear,
consistent and pre-established method for SD determinations in trying times.

The Vermont Rivers Program would like to learn more about how your community has supported post-disaster permitting and Substantial Damage determinations. Please use the Comment Box below to leave your comments and feedback.

The Vermont Rivers
Program is one of the charter members of NHMA’s Resilient Neighbor Network
(RNN) founded in 2012. The Vermont Rivers Program, in the Agency of Natural
Resources, includes the River Corridor and Floodplain Protection Program, as
well as the River Management and Streamflow Protection Programs. The State
Hazard Mitigation Officer is located separately in Vermont Emergency
Management.